The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-04-26
APRIL TERM, 1887.
JUDD, CD,
McCULIY, J.,
PRESTON, j.,
B1cKERToN, j.;
FoRNANDER, j., absent.
THE KING
OPINION OF THE COURT

This comes to us appeal points of the
Police Court Of Honolulu The defendant charged with
the oense of hoving opm unIagy has possession He
pleaded guilty and the evidence part of the
ton taken and the Crown defendant then by
attorney Mr. j. T. Dare moved that the defendant be dis
charged on the grounds
First The Crown has proven charge unlawful
possession of opium.
That the possession of opium under the law of
1885, is not a crime.
Third That the Act of 1885, entitled Act to regulate
the importation and sale of opium in this Kingdom
sttutonal and therefore void and of no effect"
The Police Justice overuled the notion
Offering testimony in Defence the Police Justice found him
guilty and sentenced him pay fine of thousand
and be imprisoned hard labor for years
Wheeupon the defendant notice of and thereafter per-
eced appeal the Supreme upon
points of law made his motion 10 be discharged
This being appeal solely upon points of law the Court has
only to determine whether the appellant is liable any
punishment the of last session. but whether
any force which subjects the appellant pun
hment because if should nd remit the
to the Magistrate order that legal may
passed.
We must therefore ascertain how far the said statute conflicts
with stood when such operation
For purpose will not be necessary back further
than the law of 1874
The title of this by Legislature 1876
A Act the importation and sale of opiu prpa
rations thereof"
This was particulars mmaerial
case except Act being Chapter XIV
which will hereafter be particularly
referred to.
The Act of 1874 S as follows:
Section l. The importation of opium or any preparation
this Kingdom except authorized by Section of
hxstrctly prohibited and whosoever shall
import give furnish opium any preparation thereof to
any person this Kingdom except rooded an said Section
shall be liable penalty of not less than hundred dollars
and to be imprisoned hard labor for any term not exceeding
two years. of which pecunary penalty shall be paid
the party giving information which shall lead the convic
ton of the offender.
Section q The Board of Health may from time to time
import quantities of opium preparations thereof the
shall deem necessary for medical purposes in this
Kingdom and shall furnish at cost any physician
geon having diploma certificate from medical college
university and who has license to practice medicine this
Kingdoms person charge of the medicines the
Lper Settlement Mookai to be used exclusively for medical
purposes the said Board also furnish to the cap
surgeon of vessel bound to foreign port for
board said vessel.
Section g. Any person who shall possession
opium any preparation thereof which he shall have
ceived Board of Health duly licensed physi
clan or surgeon prescribed Act shall
such opium preparation thereof the Hawaiian Gov
eminent and the shall be seized and delivered the
Health and such person shall be imprisoned for
of than year with without hard labor
discretion of the Court.
(By Chapter XVIII 1880 the punish
increased penalty of not less than $50
than $3.50 and imprisonment not exceeding one year,
Section 4 Any physician surgeon who shall SELL pre-
an the habit Of smoking ng the same or to any other
person e9cep remedy of sickness shall forfeit to
Hawaiian Government all opium preparations thereof which
be possession and seized and delivered to
the Board of Health and he shall be the sum of not
less twenty-five than dollars and if
he shall violate this Act than not again
furnished with opium by the Board of Health
Section Nothing in this Act shall be exempt
any vessel from the pains penalties prescribed by
the laws of the Kingdom against smuggling
At the session OF the Legislature in 1880 the following
law passed:
can Act to authorize the of the Interior to grant
licenses for the sale of poisonous drugs.
Section l. The Minister Interior may grant license
to any duly qualified physician surgeon or to any other SUIT
ooe person VINO may be recommended by Health
10 anu sell poisonous drugs for year
the district OF Honolulu upon receiving sum forty dollars
and in any other district the sum of twenty dollars
Section No such licenses shall authorize the licensee to
import sen OF Sn opium any preparation thereof except
on the prescription OF duly qualified physician.
Saction